SENATE, No. 258
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator GIRGENTI
An Act establishing the position of municipal prosecutor in each municipal court of this State, providing for the appointment, defining the duties and authorizing the training of municipal prosecutors and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that municipal prosecutors are a critical component of New Jersey's system for the administration of justice, that the role of municipal prosecutors is not statutorily defined, and that in order to ensure the uniform and proper administration of justice in this State, it is necessary to define the duties of municipal prosecutors.
2. As used in this act:
a. "Municipal prosecutor" means a person appointed to prosecute all offenses over which the municipal court has jurisdiction.
b. "Governing body" of a municipality means the officer or body that is the appropriate appointing authority for municipal attorney or corporation counsel under the laws applicable to the form of municipal government established in the municipality pursuant to law; provided that in a municipality that has a corporation counsel, that entity shall be the appointing authority.
c. "Municipal court" means any municipal or intermunicipal court established pursuant to statute.
d. "Attorney General" includes the Attorney General of New Jersey and any assistants or deputies who may be designated to carry out the responsibilities conferred on the Attorney General by this act.
e. "County prosecutor" shall mean the prosecutor of the county in which the municipal court is situated and any assistant prosecutors of that county who may be designated by this act.
f. "Intermunicipal court" shall mean a court established by two or more municipalities in accordance with statutes authorizing municipalities to combine for the purposes of establishing a single
court with jurisdiction over the territory of the participating municipalities.
3. Any person serving as a municipal prosecutor on the effective date of this act shall be exempt from its requirements for a period of either one year or for the expiration of his or her current term of office, whichever is shorter, except that the provisions of the act pertaining to supersession (section 7) and removal (section 9) shall be in full force on the effective date of this act.
4. a. Each municipal court in this State shall have at least one municipal prosecutor appointed by the governing body of the municipality in accordance with applicable laws, ordinances and resolutions.
b. A municipal prosecutor shall be an attorney-at-law of this State in good standing, and shall serve for a term of one year from the date of his or her appointment, except as determined by the governing body of a city of the first class with a population greater than 270,000, according to the latest federal decennial census, or the governing body of a city of the second class with a population of greater than 30,000 but less than 43,000, according to the latest decennial census, which city of the second class is located in a county of the first class with a population less than 600,000 according to the latest federal decennial census, and may continue to serve in office pending re-appointment or appointment of a successor. A municipal prosecutor may be appointed to that position in one or more municipal courts. The provisions of this act shall apply to each such position held.
c. A municipal prosecutor of an intermunicipal court shall be appointed upon the concurrence of the governing bodies of each of the municipalities in accordance with applicable laws, ordinances or resolutions.
d. Municipal prosecutors shall be compensated at an annual salary to be fixed and paid by the municipality or municipalities served. In the case of an intermunicipal court, municipalities shall, by similar ordinances, enter into an agreement fixing the salary of the municipal prosecutor and providing for its payment.
The salary of municipal prosecutors shall be in lieu of any and all other fees; provided, however that when a municipal prosecutor is assigned to prosecute a de novo appeal in the Superior Court, the prosecutor shall be entitled to additional compensation unless the municipality expressly provides otherwise at the time the salary is fixed.
e. In accordance with applicable laws, ordinances and resolutions, a municipality may appoint additional municipal prosecutors as necessary to administer justice in a timely and effective manner in its municipal court. Such appointments shall be subject to this act. This subsection also applies to intermunicipal courts.
f. Any municipal court having two or more municipal prosecutors shall have a "chief municipal prosecutor" who shall be appointed by the governing body of the municipality. The chief municipal prosecutor of an intermunicipal court shall be appointed upon the concurrence of the governing bodies of each municipality. The chief municipal prosecutor shall have authority over other prosecutors serving that court with respect to the performance of their duties.
g. (1) Nothing in this act shall affect the appointment of municipal attorneys in accordance with N.J.S.40A:9-139; provided, however, that a person appointed to the positions of both municipal prosecutor and municipal attorney shall be subject to all of the provisions of this act while serving in the capacity of municipal prosecutor.
(2) In addition to any other duties proscribed by the provisions of this act, a person serving as both a municipal prosecutor and a municipal attorney may prosecute municipal ordinance violations.
5. a. A municipal prosecutor, except as provided by paragraph b. of this section and sections 6 and 7 of this act, shall represent the State or the municipality in the prosecution of all offenses within the statutory jurisdiction of the municipal court as defined by law. A municipal prosecutor shall be responsible for handling all phases of the prosecution of an offense, including but not limited to discovery, pretrial and post-trial hearings, motions dismissals, removals to Federal District Court and other collateral functions authorized to be performed by the municipal prosecutor by law or Rule of Court. As used in this subsection, the term "post-trial hearing" shall not include de novo appeals in Superior Court.
b. A municipal prosecutor may, with the approval of the court, authorize private attorneys to prosecute citizen complaints filed in the municipal court. A municipal prosecutor may, with the approval of the court, decline to participate in municipal court proceedings in which the defendant is not represented by counsel. Upon a finding that a conflict of interest precludes a municipal prosecutor from participating in a proceeding, the court shall excuse the municipal prosecutor and may, in such a case, request the county prosecutor to provide representation in accordance with section 6 of this act.
c. A municipal prosecutor may at any time move before the municipal court to amend or dismiss any complaint for good cause shown in accordance with the Rules of the Court.
6. a. Appointments to fill vacancies in the position of municipal prosecutor shall be made in accordance with the provisions of section 4 of this act as soon as practicable.
b. The Attorney General or the county prosecutor, with notice to the Attorney General, may designate, at the request of the municipal prosecutor or municipal court, one or more assistant or deputy attorneys general or assistant prosecutors to prosecute the business of any municipal court if there is a vacancy in the office of the municipal prosecutor or the municipal prosecutor is temporarily unavailable and the municipal prosecutor or the municipal court has requested such designation.
7. Whenever in the opinion of the Attorney General or a county prosecutor the public interest of the State will be promoted by so doing, the Attorney General or county prosecutor, with notice to the Attorney General, may supersede a municipal prosecutor by prosecuting any offense against the laws of this State within the jurisdiction of a municipal court, or by intervening in any prosecution before a municipal court.
8. Whenever the Attorney General or county prosecutor shall prosecute in a municipal court of this State pursuant to section 6 of this act, the Attorney General or county prosecutor shall, upon demand, be promptly reimbursed for costs, including the compensation of any assistants or deputies attorney general or assistant prosecutors.
9. In addition to any of the other means provided by law for the removal from office of a public official, a municipal prosecutor may be removed by the governing body of a municipality for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard.
10. The Attorney General in consultation with the county and municipal prosecutors may develop curricula for training programs for all municipal prosecutors. Participation in such training programs shall be voluntary. An attorney successfully completing a training program shall receive such certification or recognition as deemed appropriate by the Attorney General.
11. This act shall take effect 90 days after enactment.
STATEMENT
This bill gives statutory recognition to the office of the municipal prosecutor and defines the role, responsibilities and duties of the office.
The following is a summary of the bill's provisions:
1. Each municipal court shall have at least one municipal prosecutor appointed by the municipal governing body.
2. Municipal prosecutors would be appointed for a term of one year, except that the governing bodies in certain municipalities meeting certain population criteria may designate different terms. They would be compensated at an annual salary fixed by the municipality.
3. Municipalities may appoint more than one municipal prosecutor. If a municipality does appoint more than one prosecutor, a "chief municipal prosecutor," who would have authority over the other prosecutors, would be designated by the municipality.
4. Municipal prosecutors would represent the State in the prosecution of all offenses within the statutory jurisdiction of the municipal court. A municipal prosecutor, with the approval of the municipal court, would be empowered to authorize private attorneys to prosecute citizens complaints and could decline to participate in proceeding in which the defendant is not represented by counsel.
5. If a finding of conflict of interest precludes a municipal prosecutor from handling a proceeding, the prosecutor may request the county prosecutor to provide representation.
6. At the request of the municipal court or the municipal prosecutor, the Attorney General could designate lawyers from his office or assistant prosecutors to prosecute in a municipal court if there is a vacancy in the office of municipal prosecutor or if the prosecutor is temporarily unavailable.
7. The Attorney General or a county prosecutor may supersede a municipal prosecutor and handle a prosecution in a municipal court if in their opinion the public interest of the State would be promoted.
8. If because of a vacancy in the office of the municipal prosecutor, the Attorney General or a county prosecutor is required to handle matters in a municipal court, their offices would be entitled to reimbursement for costs including the compensation of their staff.
9. A municipal prosecutor may be removed by the municipal governing body for good cause after a hearing and an opportunity to be heard.
10. The Attorney General is authorized to establish training programs for municipal prosecutors.
Integrating the prosecutorial functions performed by municipal and county prosecutors and the Attorney General will help provide for the uniform and efficient administration of justice.
Clarifies duties and responsibilities of municipal prosecutors.